Clipping of news on Brazilian Culture, Law and Citizenship
05/02/2016
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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Source: Idec
For Idec, restrict the purchase of food only to what is sold on the property is selling married, yes, and discuss the issue in the Supreme Court is misplaced
The consumer has the right to take food out at the movies or can only buy food sold on site? Doubt is frequent and has been the subject of several actions in court. This week, the issue resurfaced with the news that the Supreme Court (STF) - the highest court of the country, which deals with constitutional issues - can judge the issue.
The Brazilian Association of Motion Picture Companies exhibiting Multiplex Operators (Abraplex) filed an accusation of breach of fundamental precept (ADPF 398), a type of action that is only judged by the Supreme Court to ban the practice.
The intention of Abraplex is to overthrow the interpretation of the Superior Court of Justice (STJ), which has held in several decisions that compel consumers to buy only what is offered in movie snack is married sale as provided for in Article 39, I of Consumer Protection code (CDC).
As the Supreme Court is a superior court, their understanding tends to be replicated in the lower of the judicial instances. Therefore, the "output" of Abraplex was to appeal to the Supreme Court on the grounds that the Supreme Court's understanding would be unconstitutional and would hurt the "free enterprise".
For Idec, Association proposal to cinemas to bring this matter to the Supreme Court is inadequate from a procedural point of view. In addition, the entity's argument is extremely fragile. "The core business of cinema is entertainment, not food, so enter the site with food nothing hurts free enterprise," says Claudia Pontes Almeida, the Institute lawyer.
"Forcing consumers to buy in movie stores and configure tying, violates the freedom of consumer choice. Not to mention the high cost of food sold in the cinema, which put the consumer at a disadvantage exaggerated "added the lawyer.
Source: Idec
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This article was translated by an automatic translation system, and was therefore not reviewed by people.